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A Tension Between §§363(f) and 365(h) How do bankruptcy judges resolve the competing desires of buyers and tenants? Must buyers bid for property knowing that tenants might have the right to stay if their leases are rejected? Are tenants in jeopardy that they might have to move elsewhere to live or work?
Columns & Departments
Maryland Jury Convicts Former CEO of Israeli Company for Role In $145 Million Binary Options Fraud
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The Office of U.S. Trustee is known among practitioners as the "watchdog" of the bankruptcy process. To fund the U.S. Trustee, Chapter 11 debtors must pay quarterly fees. Following a recent substantial increase to the U.S. Trustee fee schedule, the U.S. Bankruptcy Court for the Eastern District of Virginia found the amended fee schedule to be unconstitutional because it was being applied nonuniformly to Chapter 11 debtors around the country.
Columns & Departments
Despite State Law, Merger Extinguishes Renewal Rights of Successor in Interest Court May Rely on Parole Evidence to Show Illegal Purpose of Sublease
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Is a property leased to a farming tenant a commercial property or an agricultural property? What about a building leased to a government entity? The distinction can make a difference in the tax laws that apply to the parcel.
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When members of the military are be called into action, the impact could be felt right here at home by our commercial landlords, especially those whose tenants are composed of businesses owned or operated by a sole proprietor, or an owner with one or two employees.
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Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court. Federal courts are currently split on the issue of whether the lessor must voluntary surrender property seized pre-petition or may hold such property until the debtor obtains an order of turnover.
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Proper planning and the ability to pivot will help American companies with UK, EU commercial property interests.
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A Q&A with Entertainment Lawyer Leslie Zigel